Milwaukee, WI asked in Estate Planning and Elder Law for Wisconsin

Q: My Mother had left me 50% of her home, but was sold for her care.

my mother inherited $140,000 while in care, am I left now with nothing.

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will (let's say), but she was receiving Medicaid assistance during her lifetime, then the State of Wisconsin will put a lien against her home while she is in the nursing home. After the passes away the State will seek to collect against the home to recover for the cost of care they paid on behalf of your Mother. If her cost of care in the nursing home exceeded the value of the home, then the home would be sold and you would receive nothing from the proceeds. I am guessing at what happened in your situation, but this is my best guess as to what occurred based on the limited facts you provided. If you feel there was an error in the way and of this was handled or calculated, you should consult with a local attorney in your area who can discuss your options with you.

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